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Losing a loved one in a DUI accident is devastating and often leaves families with emotional and financial burdens. When a person’s life is taken due to someone else’s reckless choice to drink and drive, families can pursue justice through a wrongful death claim. Such claims aim to hold the responsible parties accountable while providing compensation to help families recover from their loss.
In this guide, The Payne Law Group will cover the basics of wrongful death claims involving DUI accidents, who may be liable, and how an experienced attorney can assist in securing justice for your family.
Understanding Wrongful Death Claims in DUI Accidents
A wrongful death claim is a type of lawsuit filed by the surviving family members or the estate of the deceased against the person or entity responsible for causing the death. In DUI accidents, the driver who chooses to drive under the influence is usually the primary party responsible. Wrongful death claims seek to compensate the family for the financial and emotional losses they suffer as a result of their loved one’s untimely death.
How a Wrongful Death Claim Works
In most states, including Texas, a wrongful death claim can be filed by the deceased’s immediate family members, such as a spouse, children, or parents, or by a personal representative of the estate. The goal of the claim is to recover damages that reflect the impact of the loss on the family, including funeral expenses, lost financial support, and compensation for the loss of companionship.
Since DUI accidents typically involve criminal charges against the at-fault driver, families may also find some comfort in knowing that their claim works alongside the criminal justice system. However, it is a separate civil action. Criminal charges aim to punish the offender, while a wrongful death claim focuses on compensating the family.
Who Can Be Held Liable in a DUI Wrongful Death Case?
The intoxicated driver is the primary party held liable in most DUI wrongful death cases. However, other parties may also be held accountable depending on the accident’s circumstances. Here are the most common liable parties:
- The Drunk Driver: In many cases, the intoxicated driver is primarily responsible for the accident and the resulting death. By choosing to drive under the influence of alcohol or drugs, they exhibited reckless behavior that endangered lives.
- Establishments That Served Alcohol (Dram Shop Liability): Establishments such as bars, restaurants, or clubs that served alcohol to the intoxicated driver may also be liable. Under Texas dram shop laws, businesses that serve alcohol to visibly intoxicated individuals can be held accountable if that individual later causes an accident.
- Social Hosts: Social hosts in Texas are generally not liable for injuries caused by an intoxicated driver, but may be liable under certain circumstances, particularly if they served alcohol to a minor who later caused an accident.
Compensation Available in DUI Wrongful Death Claims
A wrongful death claim seeks to provide financial support and justice to families suffering from a tragic loss. Compensation typically covers both economic and non-economic damages, including:
- Medical Expenses: If the deceased incurred medical costs before passing, these expenses may be recoverable.
- Funeral and Burial Costs: Families may seek compensation for funeral and burial expenses.
- Lost Financial Support: This includes the income the deceased would have contributed to the family over their lifetime.
- Loss of Companionship and Emotional Distress: Surviving family members may receive compensation for the loss of companionship, guidance, and emotional support.
- Punitive Damages: In cases of extreme recklessness, such as a DUI, courts may award punitive damages to further penalize the defendant and deter similar behavior.
Proving Liability in a DUI Wrongful Death Case
Successfully pursuing a wrongful death claim in a DUI case requires evidence to establish the driver’s liability and the family’s right to compensation. Here are some of the key elements involved in proving liability:
- Evidence of Intoxication: Police reports, BAC results, witness statements, and breathalyzer or blood test results are essential in establishing the driver’s intoxication and negligence.
- Establishing Negligence: Negligence refers to the driver’s failure to act responsibly, directly leading to the accident and the victim’s death. Driving while intoxicated is generally considered negligent behavior, as it endangers the lives of others. Your attorney can gather evidence to demonstrate how the driver’s actions led to the accident and justify the wrongful death claim.
- Proving Damages: To secure compensation, you must demonstrate the financial and emotional impact of the loss. This includes calculating lost wages, documenting medical and funeral expenses, and assessing the emotional toll on surviving family members.
Why You Should Consult Attorney Scott Scherr
Wrongful death claims involving DUI accidents are often complicated, involving multiple parties and insurance companies. An experienced attorney, such as Scott Scherr at The Payne Law Group, can assist in investigating the accident, gathering evidence, negotiating with insurers, and representing you in court if necessary.
Seeking Justice After a DUI Wrongful Death Accident
Losing a loved one in a DUI accident is a traumatic experience, but families have legal options to seek justice and compensation. Wrongful death claims offer a path to hold the responsible parties accountable, and they can provide much-needed financial relief. If you’ve lost a family member due to a DUI accident, contact us today. Don’t go through this tough time alone.